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High Courts Say Income, Not Assumptions, Must Decide Spousal Maintenance

Recent orders require permanent alimony to be fixed on an assessed actual or notional earning capacity rather than on where a spouse lives or whether parents can help.

Overview

  • The Jharkhand High Court granted a divorced woman Rs 30 lakh as permanent alimony and directed that the amount be calculated across an estimated 42 years based on her assessed needs and the husband’s earning capacity.
  • The Jharkhand bench said courts must not rely on assumptions such as a wife living with her parents and must first determine actual or notional income before apportioning maintenance among dependents.
  • The Bombay High Court rejected an interim maintenance plea from a US‑based petitioner who earns a gross USD 8,700 per month, holding that high living costs abroad do not justify Section 24 relief when the applicant has substantial independent means.
  • Section 24 of the Hindu Marriage Act covers interim maintenance to keep a financially weaker spouse able to defend proceedings and meet litigation expenses rather than to preserve a prior marital lifestyle.
  • Judges across the cases explained that courts can infer or compute notional income when earnings are concealed and must balance the claimant’s needs with the obligor’s other liabilities, a standard that could shape future alimony awards and pending appeals.